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ORDINANCE NO. 2018- n16 <br />WHEREAS, there is evidence of significant increases in phosphorus and nitrogen <br />and incidences of harmful and potentially toxic algae blooms in Blue Cypress Lake; and <br />WHEREAS, there appears to be a correlation between the increases of nutrients <br />in Blue Cypress Lake and the land application of biosolids in the unincorporated area of <br />Indian River County; and <br />WHEREAS, the land application of biosolids has been restricted in neighboring <br />counties and ecosystems to the south, such as the St. Lucie River watershed and the <br />Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River <br />watershed as the cheapest alternative for the disposal and land application of Class B <br />biosolids generated in South Florida; and <br />WHEREAS, adding to the present nutrient levels in the St. Johns River Basin <br />may further inflict damage to the health, safety, and welfare of humans and wildlife in <br />Indian River County and the State of Florida; and <br />WHEREAS, Indian River County has existing zoning regulations pertaining to the <br />practice of "sludge spreading" as provided in Chapter 971.08(10) of the Indian River <br />County Code with codified criteria for sludge spreading such as designated setbacks, <br />reporting requirements, and the need for obtaining approvals; and <br />WHEREAS, however, the existing Indian River County requirements do not <br />provide for regulatory setbacks or for mandatory distances of Class B biosolids from <br />waterbodies; and <br />WHEREAS, the Board has determined that the temporary moratorium is needed <br />to study the effects that the disposal and land application of Class B biosolids has on the <br />water resources of Indian River County and to protect water quality in the St. Johns River <br />watershed, Blue Cypress Lake, and surrounding water bodies, from adverse impacts <br />potentially caused by the land application of Class B biosolids; and <br />WHEREAS, County staff has met with owners of properties currently permitted <br />through the Florida Department of Environmental Protection to land apply Class B <br />biosolids and owners indicated a good faith willingness to voluntarily cease Class B <br />biosolids land application activities for the duration of the 180 day moratorium; and <br />WHEREAS, the purpose of this ordinance is to place a temporary moratorium on <br />land application of Class B biosolids activities, as defined herein, except where regulation <br />of such activities is determined to be preempted to the state, for a period of time <br />reasonably necessary for Indian River County to coordinate with the Florida Department <br />of Environmental Protection and investigate the impacts of land application activities upon <br />the public health, safety, and welfare, to promulgate reasonable regulations relating to <br />such activities if deemed advisable by the Board, and to assess their impact to Indian <br />River County; <br />2 <br />